(1.) The present bail application has been filed under sec. 438 Cr.P.C. for grant of anticipatory bail in FIR bearing No. 0007/2022 registered under sec. 3 Railway Property (Unlawful Possession) Act, 1966 at P.S. RPF, Tughlakabad.
(2.) Vide order of this Court dtd. 9/11/2022 the petitioner was directed to join the investigation at PS RPF, Tughlakabad on 10/11/2022 at 10:00 AM and on subsequent dates as and when directed by the concerned IO. Further, Status Report was directed to be filed. The Status Report has been placed on record. As per the Status Report the petitioner namely Shahid Hussain has joined the investigation, however, he has not given any satisfactory reply regarding the recovery of the case property and is not cooperating during the investigation. The IO submits that even though the petitioner has joined the investigation he is not cooperating and further states that the case property is yet to be recovered.
(3.) Per contra, learned counsel for the petitioner submits that his client readily joined the investigation and has always been cooperating in the investigation. Learned counsel submits that the petitioner would adhere to all the conditions as imposed by this Court and shall appear before the IO as and when directed. Learned counsel further submits that the other co-accused namely Akil Ahmad, Mohd. Ibrahim, Mohd. Wajid, Rajbir s/o Babu Lal, Mohd. Gulfam, Rajbir @ Raju s/o Sh. Prakash, Arjun Singh, Mohd. Dilshad have already been released on bail by the learned Trial court.